Legal Question in Real Estate Law in Pennsylvania
We live in a rural residential zoned area in Davidsville Pennsylvania. Our neighbors have recently been denied a zoning change they requested which prevented them from surface mining their 400+ acre property (around all of our houses) and now they have decided to "allow" dirt bikes and 4-wheelers to create racing tracks and jumps all over their 400 acre farm. These ATV's and dirt bikes are now constantly racing through their property everyday. The noise is unbearable. There are usually anywhere between 5 and 20 ATV's at one time and they run all day Saturday and Sunday and off and on through out the week. Our peaceful residential neighborhood now sounds like a motocross stadium almost all day every day. I called the police and they said there was no noise ordinance and there was nothing that they could do if the property owner allows them on the property? There has to be something that can be done to stop the constant noise which is making life in our home unbearable and basically uninhabitable. Are there any actions that can be done to prevent this from continuing? Thank you so much for any advice on how I can get our neighborhood back to normal!
1 Answer from Attorneys
The legal term of art is nuisance. A nuisance is a non-trespassory invasion to your property. That is they've invaded you property without setting foot on it. You can sue them under this theory and if your successful you can make them stop.
{John}
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